Reports of Cases Argued and Determined in the Supreme Court of Oklahoma Territory, from the Organization of the Court..., Volume 54Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton Harlow publishing Company, 1916 - Law reports, digests, etc |
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38 Okla affirmed agent agreed alleged amended amount answer appeal bond assignment attorney authority Bank case-made cause of action cent city of Ardmore claim Coal County contention contract contractor corporation county court court erred damages December 21 deed defendant brings error defendant in error defendant's demurrer dismiss district court duly Error from District evidence executed facts favor fees fendant follows Garvin County held indorsement instructions interest issue January 11 Judge Judgment for plaintiff jurisdiction jury Kay county land liability ment mortgage motion notice Nowata county Oklahoma Oklahoma County Opinion Filed December Opinion Filed January overruled paid parties payment person petition plaintiff in error pleadings premises purchase question reason record recover remanded rendered reversed rule Sallisaw statute suit supra sustained Syllabus therein thereof thereto tiff tion trial court verdict warranty Woodward county
Popular passages
Page 170 - The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 714 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 748 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Page 714 - ... shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement endorsed hereon or added hereto, and as to such provisions and conditions no officer, agent or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 661 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 661 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 170 - The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Page 714 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 660 - A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words "without recourse," or any words of similar import.
Page 707 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.